BRONX MAN CONVICTED OF "DEPRAVED INDIFFERENCE" MURDER IN THE SHOOTING DEATH OF A FORTY YEAR OLD STRANGER

Bronx District Attorney Robert T. Johnson announced today that a 30 year old Bronx man has been convicted of fatally shooting a 40 year old man in an apparent case of mistaken identity.

Miguel Rivera, of 750 East 166th Street, was found guilty on one count of Murder in the 2nd degree "in a manner evincing a depraved indifference to human life." The victim, Dwight Milan, was shot six times in the chest, stomach and arm, on April 4, 2001. Rivera opened fire when Milan entered a bodega at 1105 Tinton Avenue. Milan was struck several times and ran outside the bodega while being chased by Rivera who continued shooting until the victim collapsed on the sidewalk. Rivera fled to a friend’s apartment where he changed clothes and left the murder weapon, a .40 caliber semi automatic pistol. Rivera fled to Florida and was arrested on September 8, 2001 after returning to the Bronx.

The jury heard testimony that Rivera admitted shooting the deceased because he believed that Milan, who was merely an innocent bystander, had walked into the bodega intending to kill Rivera. No evidence was actually offered to show that this was Milan’s intent. According to the testimony, Rivera felt nervous because of the way the victim’s mannerism and the way he was dressed.

Acting State Supreme Court Justice Phyllis Skloot Bamberger set sentencing for January 17, 2003 in Trial Part T-1. Rivera, who served nine years on an attempted murder conviction in 1989, is facing a maximum term of 25 years to life imprisonment.

The case is being prosecuted by Senior Trial Assistant District Attorney Theresa Gottlieb.